43 Amendments of Judith SARGENTINI related to 2013/2026(INI)
Amendment 2 #
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the UN-Habitat Study "Secure Land Rights for All" of 2008 and UN-Habitat guide on "How to Develop a Pro-Poor Land Policy: Process, Guide and Lessons";
Amendment 3 #
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
- having regard to the report of the UN Special Rapporteur Olivier De Schutter on the Right to Food "Large-scale land acquisitions and leases: a set of core principles and measures to address the human rights challenge" of 11 June 2009;
Amendment 12 #
Motion for a resolution
Recital A
Recital A
A. whereas property rights can be defined as the rules that regulate the terms by which individual stakeholders, communities, public and private actors acquire and maintain access to tangible and intangible assets through formal law or customary provisionsaccording to the UN-Habitat, land tenure and property rights can be formal (freehold, leasehold, public and private rental), customary or religious in origin; they can also include various types of unauthorised/informal tenure or settlement;
Amendment 14 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the EU Land Policy Guidelines 2004 defines land tenure as a "system of access to and control over land and related resources", and that land rights are not limited to private ownership in the strict sense, but can be a very diverse balance between individual rights and duties, and collective regulations at different levels;
Amendment 15 #
Motion for a resolution
Recital B
Recital B
B. whereas 1.2 billion people worldwide inhabit property for which they do not hold formal rights and live without permanent homes or access to land; in particular, whereas more than 90% of the rural population in sub-Saharan Africa (of which 370 million people are considered to be poor) access land and natural resources via legally insecure customary and informal tenure systems;
Amendment 19 #
Motion for a resolution
Recital D
Recital D
D. whereas efforts to achieve MDG7 (Target 11), which is aimed at improving the lives of 100 million slum inhabitants by 2020, is drastically behind schedule; whereas Article 11 of the International Covenant on Economic, Social & Cultural Rights recognises a universal right to housing and to continuous improvement of living conditions; whereas the United Nations Human Settlements Programme (UN-Habitat) estimates that as many as one billion people live in slums, and it is thought that an estimated three billion people will reside in slums by 2050;
Amendment 20 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas in rural areas, some 200 million people (almost 20 per cent of the world's poor) have no access to sufficient land to make a living; whereas rural land is coming under multiple pressures: they include population growth, land use conversion, commercial investments, environmental degradation due to drought, soil erosion and nutrient depletion, as well as natural disasters and conflicts; and whereas securing land rights is needed to promote social stability by reducing uncertainty and conflicts over land;
Amendment 21 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas private investors and governments have shown a growing interest in the acquisition or long-term lease of large portions of arable land in countries, mostly in developing countries in Africa and Latin America;
Amendment 22 #
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas by setting mandatory targets and subsidizing biofuels, the EU contributes at least indirectly to land- grabbing in developing countries, given that it encourages speculation on arable land, particularly the most fertile ones and those located nearby ports or roads; whereas consequently, the threats to the security of tenure for small-holders are further increased, with potential negative consequences on the food security of local communities;
Amendment 25 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) states that women and spouses shall have equal rights in respect of the ownership and acquisition of property; but whereas many land tenure and property rights regime discriminate against women either formally or in practise;
Amendment 27 #
Motion for a resolution
Recital G
Recital G
G. whereas providing secure land rights for women is important for poverty reduction, in view of women's roles as food producers in rural and peri-urban areas, their responsibilities for feeding family members; whereas women, who represent 70 % of Africa's farmers, formally own as little as 2 % of the land; whereas recent programmes throughout India, Kenya and Honduras show that low- income female-headed households have better nutrition figures than higher-income households headed by men;
Amendment 30 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas Article 17 of the Universal Declaration of Human Rights recognizes the rights of everyone to own property either alone or in association with others, and that no one should be arbitrarily deprived of their property;
Amendment 31 #
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas access to land for indigenous people has been given specific forms of protection under the 1989 ILO Convention (n° 169) and the United Nations Declaration on the Rights of Indigenous Peoples;
Amendment 32 #
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. whereas Article 10 of the UN Declaration on the Right to Indigenous People guarantee to indigenous people the right not to be forcibly removed from their lands or territories, and no relocation shall take place without their free, prior and informed consent and after agreement on just and fair compensation and, where possible, with the option of return;
Amendment 35 #
Motion for a resolution
Subheading 1
Subheading 1
Amendment 37 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers rsecognisured land registered property rights to be a catalyst for economic growth, enhancing productivity and investment through access to capital and low-cost credit by using land as collateral, and boosting commercial values through adequate registration of land holdings and SMEs;
Amendment 38 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises that securing land rights and greater equity in land access provide a secure foundation for livelihoods, economic opportunities, and in rural areas, for household food production;
Amendment 39 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Underlines that besides individual land titling a variety of alternative tenure options, including building on customary tenure systems to legally secure rights to house plots, farmland and natural resources, should be recognised, as advocated by UN-Habitat;
Amendment 40 #
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Notes that in rural and peri-urban areas in many countries, especially in sub-Saharan Africa and in parts of South-east Asia, customary tenure is the main way of accessing land; but notes that land titling has been popular with many international agencies, as a way to provide land security; points out however that various studies, such as those of UN- Habitat or UN Special Rapporteur for the Right to Food, demonstrates that giving priority to such tenure policy entails limitations: it distorts land and housing markets unless granted on a large scale; it entails risks of abuse and nepotism if granted on a small scale; it may stimulate litigation over competing claims, and undermines pre-existing land rights; it does not necessarily improve access to bank loans and may expose poor residents to unaffordable property taxes and service charges.
Amendment 41 #
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Points out equally that the EU Land Policy Guidelines 2004 also states that land titling is not always the best way of increasing tenure security, and nor does it automatically lead to greater investment and productivity;
Amendment 42 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes with concern that cultural traditions often leave women dependent on male relatives for tenure security and without legal protection; stresses upon international obligations of States to ensure minimum economic social and cultural rights, which includes government's obligation to ensure that land management is not discriminatory, particularly with regard to women and the poor, and does not violate other human rights;
Amendment 49 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights the fact that EU biofuel policy as enshrined in the Renewable Energy Directive forms an (indirect) impetus for land-grabbing activities.
Amendment 50 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Stresses that the removal of public incentives for the production of crop- based biofuels and subsidies is one way to combat land grabbing;
Amendment 51 #
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Notes also with concern that the EU trade policy may contribute to land- grabbing; in particular, regrets that the Everything but Arms (EBA) trade initiative, which confers unlimited, duty- free and quota-free access, triggered for instance land grabbing in Cambodia for sugar cane exports or that EU's FTA with Central America increase land pressures and land conflicts in Central America;
Amendment 52 #
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Recalls that when land rights are not secure and governance is weak, they bring high risks for local communities, in terms of food security, risk of displacement and eviction of farmers and herders; urges accordingly the EU Member States to support the national capacity of developing countries to strengthen their governance system;
Amendment 53 #
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
The negotiations of large-scale leases or acquisitions of land through investment agreement and the rights of local people.
Amendment 54 #
Motion for a resolution
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Highlights that both the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights recognize the right to self-determination, defined as the right of all people to freely dispose of their natural wealth and resources, and that both stipulate that no people may be deprived of its own means of subsistence; accordingly, stresses that the negotiation of large-scale leases or acquisition of lands must duly reflect the right to development, which entails transparency, adequate and informed participation of the local communities concerned by land leases or purchases and accountability in the use of revenues, that should benefit local population;
Amendment 55 #
Motion for a resolution
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Highlights the fact that EU investment policies may contribute to land grabbing, as international investment agreements usually define investment very broadly, thereby applying to agricultural investment and land acquisitions; recalls that Bilateral Investment Treaties usually provide extensive legal protection to investment against adverse host state action; believes that full environmental and social impact assessment of land use changes should be implemented before any land sale or lease takes place; calls on the EU to upgrade its assistance to developing countries related to the framing of investments agreements so as to enable the host country to regulate in the public interest in the remit of land deals;
Amendment 56 #
Motion for a resolution
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Stresses that investment agreements on large-scale land acquisitions or leases should duly take into account the right of current land-users, as well as the rights of workers employed on the farms; takes the view that the obligations of investors should be defined in clear terms and should be enforceable, for instance by the inclusion of sanction mechanisms in cases of non-compliance of human rights; considers that all land deals should also include a legal obligation that a certain minimum percentage of crops produced should be sold on the local market.
Amendment 58 #
Motion for a resolution
Subheading 2
Subheading 2
Roadmap to formal propertysecure land rights and sustainable land governance in the developing world
Amendment 60 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights the fact that land reform requires flexibility, tailored to local, social and cultural conditions, and should be focused on empowering the most vulnerable, regularising tenure security for urban squatters and bringing pastoralist societies into the scope of formal property law;
Amendment 64 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises that land tenure reform should begin with accurate land data collection and with systematic titling by means of cadastral mapping using low- cost technologieWarns against applying a one-size-fits- all approach to achieve land security; underlines that formal land administration services are most effective when provided at local level; takes the view that effective delivery of secure land rights may therefore depend on reform of centralised State land agencies with a view to devolving responsibilities to local and customary institutions; considers that land registration can then be improved by computerization of land records and cadastral systems;
Amendment 68 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls that agriculture remains a fundamental source of livelihood, subsistence and food security for rural people; but notes that rural land is coming under multiple pressures, because of population growth, land use conversion, commercial investments, environmental degradation due to drought, soil erosion and nutrient depletion, as well as natural disasters and conflicts; believes in this context that securing land tenure for rural people is essential to achieve MDGs; takes the view that a range of policy instruments can help address these challenges, and they must be adapted to meet local conditions;
Amendment 69 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Considers that government officials should first identify those land management and tenure systems that already exist; secondly, they should build on these systems for the benefit of the poor and vulnerable groups.
Amendment 70 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that any shift in land use should only take place with the free, prior and informed consent of the local communities concerned; recalls that indigenous people have been granted specific forms of protection of their rights on land under international law; in line with the United Nations Declaration on the Rights of Indigenous Peoples, insists that States shall provide effective mechanisms for prevention of, and redress for, any action which has the aim or effect of dispossessing indigenous peoples of their lands, territories or resources;
Amendment 72 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. CRecalls that tenure security can be safeguarded under various forms provided the rights of land users and owners are clear: in addition to formal titles, security can be achieved through clear, long-term rental contracts, or formal recognition of customary rights and informal settlements, with accessible and effective dispute settlement mechanisms; calls for the EU to channel support towards capacity development and training programmes in land management, with the aim to secure land rights for the poor and vulnerable groups, including through cadastral surveying, registration, and efforts to equip educational institutions in developing countries;
Amendment 77 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Highlights the fact that building sound fiscal policies in developing countries by strengthening land registration and delineating valuation functions significantly increases annual land transaction revenue, such as in Thailand where it increased six-fold over a period of 10 yearsthe design of sound land taxation systems in developing countries must be coherent with poverty reduction and social equity objectives; hence takes the view that land taxes should be a means to promote social and environmental objectives, discourage under-utilisation of land and prevent tax speculation;
Amendment 81 #
Motion for a resolution
Subheading 3
Subheading 3
Placing propertyland rights at the heart of EU development policy
Amendment 82 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights the fact that large-scale land acquisitions are among others a direct consequence of weak land governance in developing countries; emphasises that empowering people through clear and secure property rights will open contractual arrangementEU aid should contribute to building the institutional capability required for the granting of secure land rights, so as to tackle rent-seeking, bureaucratic inertia as well as corrupt, unaccountable practices tso scrutiny andas to prevent land grabbing;
Amendment 85 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recommends that an update be made toUrges the EU to activate the EU 2004 EU Land Policy Guidelines in coordination with Member States in order to assess current tenure challenges and assist with the implementation of new low-cost technologies in land mapping and administrationand push for redistributive types of land policies;
Amendment 86 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls for the implementation of the Voluntary Guidelines for the Responsible Governance of Tenure of Land, Fisheries and Forests (VGGT);
Amendment 87 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the Commission to set a clearly defined budget line for property rights, shifting from a small-scale perspective to long-term land governance reform, with a view to streamlining land tenureStresses that the challenge of providing secure land rights for displaced people and refugees is likely to increase under climate change; stresses equally that the establishment of legitimate institutions governing access to land for re-settlement of migrants and refugees is essential, as is the case of restitution to original owners; hence, urges the EU to upgrade its assistance regarding the inclusion of land rights in humanitarian and development response to disasters or civil conflicts, whereby land policies must guarantee secure land rights to different ethnic, social or generational groups in an equitable way;
Amendment 91 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that securing land rights for all are best achieved where they are nested within coherent governance frameworks; recommends that an overarching legal accountability mechanism be developed under the auspices of the UN with the express purpose of supporting land reform, monitoring land governance in a transparent and accountable fashion and encouraging states to respect and pursue land claims made by individuals and communities;